Terms and Conditions
1. Sole Conditions
The following will be the sole terms and conditions upon which The Brick Centre CC, Registration No. 201004077923 (The Brick Centre), will contract to sell goods for cash, and these terms and conditions supersede any other conditions which a Purchaser may seek to impose on The Brick Centre. The Brick Centre shall not be bound by a Purchaser’s conditions of purchase or conditions of the order unless such have been reduced to writing, and signed and purposefully accepted by a duly authorised representative of The Brick Centre.
2. Price of Goods and Transport Costs
2.1 Price of goods sold shall be The Brick Centre’s price as at date of dispatch of the goods.
2.2 The price of goods to be sold for cash will be subject to confirmation by The Brick Centre. Any indicated price shall be construed as an “invitation to tender”.
2.3 If the Purchaser requires The Brick Centre to transport the goods, the transportation costs will be quoted for by The Brick Centre.
2.4 The Brick Centre will not be obliged to deliver any goods until the purchase price (including transport costs, if any) have been paid in full.
3.1 In the case of goods sold for delivery to the Purchaser at any of The Brick Centre supplier factories, the Purchaser shall pay transportation and labour costs. The Purchaser shall take delivery of the goods at a rate and at such time as agreed upon by the Purchaser and The Brick Centre, and/or shall pay the relevant loading charge as levied by The Brick Centre.
3.2 The carrier taking such delivery on behalf of the Purchaser, whether shipper, haulage contractor or rail carries, shall be deemed to be the Purchaser’s carrier and agent, and delivery shall be deemed to be effected upon possession of the goods sold being taken by the carrier. The Brick Centre waybill signed by the carrier shall constitute prima facie proof of delivery of the goods expressed to be covered thereby.
3.3 In the case of goods sold for delivery by The Brick Centre, the Purchaser may request the delivery of goods in accordance with the delivery schedule and depending on the efficient use of its delivery fleet and subject to 3.5, The Brick Centre will attempt, but shall not be bound to meet such delivery schedule. In the absence of a delivery schedule agreed in terms of 3.5, The Brick Centre shall, when it delivers products, deliver at such time and date, and offload in such a manner as it determines as being at or as near as possible to the Purchaser’s building site. If a point of delivery has been indicated by the Purchaser, The Brick Centre will attempt to deliver at such point. In order to comply with Local Authorities Bylaws, the Purchaser undertakes to remove the goods from the place where they are delivered to, within the boundaries of the building site. The Purchaser shall ensure that The Brick Centre has access to the building site and the point of delivery at all times. Failure on the part of the Purchaser in each or any regard shall entitle The Brick Centre to divert the goods or return them to its premises. In either event, the Purchaser shall, upon demand, pay The Brick Centre’s expenses incurred in tendering delivery of the goods.
3.4 Upon delivery or deemed delivery of goods to the Purchaser, all risk relating to the goods, including packaging materials thereof, shall pass to the Purchaser.
3.5 The Brick Centre may agree, in writing, to a delivery schedule, and in such an event The Brick Centre shall attempt to deliver products in accordance with such delivery schedule but is not bound to do so. Should the Purchaser wish to change an agreed delivery schedule, then it shall give a minimum of 48 hours notice to The Brick Centre. Acceptance shall be subject to availability of goods.
3.6 The Brick Centre’s goods, correctly dispatched as per order, are not returnable. Where The Brick Centre agrees to goods being returned, the cost of returning the goods will be for the account of the Purchaser where the reason for returning the goods is attributable to the Purchaser. The Brick Centre reserves the right to levy of a 10 % (ten per cent) handling charge on all goods returned. No credit will be given for damaged goods.
4. The Impossibility of Performance and Injury Breakages
4.1 In the event of The Brick Centre being prevented, by any cause beyond its control, from supplying goods ordered, which shall be deemed to include shortage of stocks of the goods, it shall be excused from supplying during the period in which it is prevented to do so.
4.2 The Purchaser indemnifies and holds harmless The Brick Centre against all claims of any nature whatsoever in respect of loss or damage to person, goods or property suffered by the Purchaser and/or the Purchaser’s employees, agents and invitees while on the premises of The Brick Centre and/or allied factories or depots.
5.1 The warranties set out in 5.2 shall apply to and be in lieu of any other warranty expressed or implied which may otherwise result from the sale of goods by The Brick Centre.
5.2 The Purchaser is required and shall be deemed to have made itself acquainted with, in the case of clay bricks, the appropriate product classification, and its subsequent suitability, as classified by the South African Bureau of Standards (SABS), applicable to the goods concerned. That is to say, under normal conditions, FBX, FBS and FBA classified goods are suitable for use without rendering or plastering, whereas NFP classified goods require such rendering or plastering, and NFX classified goods are for use in special circumstances.
5.3 The Brick Centre’s liability concerning its warranties shall not in any circumstances whatsoever exceed the cost to The Brick Centre of replacing the goods giving rise to such loss or damage with similar goods to which the provisions of these conditions shall apply. Save with regards to the foregoing, no warranty is given, expressed or implied, that goods be suitable for use for any specific purpose or under any specific conditions, even though such purpose or conditions may be known to The Brick Centre.
5.4 The Brick Centre shall not be liable to the Purchaser nor to any third person for any loss or damage arising directly or indirectly from any defect whatsoever other than in respect of the matters warranted above.
5.5 Notwithstanding anything to the contrary contained in any statute or other law, any claim which the Purchaser may have pursuant to a breach of the above warranties shall be deemed to prescribe three years after the delivery of the goods to the Purchaser.
5.6 No representation made by any salesmen of The Brick Centre or in any advertising or promotional material relating to the goods shall be binding on The Brick Centre unless recorded as such in a written Agreement between The Brick Centre and the Purchaser or unless such representation is, in any event, covered by the warranties set out above.
6.1 The Brick Centre will attempt to deliver products in accordance with a delivery schedule agreed to in terms of 3.5, but the Purchaser shall have no claim of any nature whatsoever against The Brick Centre by reason of any delay by The Brick Centre in giving delivery of goods on any date or dates that may be specified in the Purchaser’s order, or a delivery schedule agreed in terms of 3.5, or within a reasonable time in those cases in which no such date is specified or agreed.
6.2 The Purchaser acknowledges that during the normal transportation of goods from the factory to the site, damage and breakages are likely to occur. Breakage could be as high as 8% (eight per cent) in the case of non-face bricks and 5% (five per cent) in the case of face bricks and tiles or, if applicable, such higher percentages as quoted at the time of sale. It is agreed that the Purchaser shall have no claim whatsoever against The Brick Centre whether by way of reduction of the purchase price or otherwise in respect of losses of up to the aforesaid percentage, unless The Brick Centre has specifically, in writing, agreed to some lesser percentage of breakages.
6.3 In the case of products delivered by road by The Brick Centre’s carrier, claims will, as between Purchaser and Seller, only be valid if such claims are endorsed on the waybill at the time of delivery or are brought to The Brick Centre’s attention in writing within 7 (seven) days of receipt of the goods by the Purchaser or its agent.
6.4 Should the Purchaser wish to query any item on The Brick Centre’s invoice, or should it wish to request proof of delivery pursuant to a query as to quantity of products delivered to it, it shall be obliged to make relevant query, claim or request (as the case may be) within a period of 30 (thirty) days from the date of The Brick Centre’s invoice. Failure to do such within the aforementioned period will result in the Purchaser’s rights deemed to be waived, and it shall have no further claim against The Brick Centre arising pursuant thereto.
7. Legal Costs
In the event of The Brick Centre instructing its attorney to collect any amount owed by a Purchaser, the Purchaser shall pay The Brick Centre’s attorney and own client costs which include all collection commission and other costs incurred by The Brick Centre with its attorneys in the regard.
8. Non – Waiver
The failure by The Brick Centre to strictly enforce any provision of these conditions shall not be construed as a waiver by The Brick Centre of any of its rights in terms hereof nor shall it prejudice The Brick Centre’s right to strictly enforce such conditions thereafter.
9. Clauses Severable and Divisible
Each and every clause contained in these conditions of sale is severable and divisible from the others and separately enforceable as such. Should any provision be found not to be binding, then this shall not affect the enforceability of the remaining provisions.